(a) Any person, partnership, association or corporation which
establishes, conducts, manages or operates a pain management clinic
without first obtaining a license therefor as herein provided, or
which violates any provisions of this article or any rule lawfully
promulgated pursuant to this article, shall be assessed a civil
penalty by the secretary in accordance with this subsection. Each
day of continuing violation after conviction shall be considered a
separate violation:

(1) If a pain management clinic or any owner or designated
physician is found to be in violation of any provision of this
article, unless otherwise noted herein, the secretary may suspend
or revoke the clinic's license.

(2) If the clinic's designated physician knowingly and
intentionally misrepresents actions taken to correct a violation,
the secretary may impose a civil penalty not to exceed $10,000,
and, in the case of an owner-operated pain management clinic,
revoke or deny a pain management clinic's license.

(3) If an owner or designated physician of a pain management
clinic concurrently operates an unlicensed pain management clinic,
the secretary may impose a civil penalty upon the owner or
physician, or both, not to exceed $5,000 per day.

(4) If the owner of a pain management clinic that requires a
license under this article fails to apply for a new license for the
clinic upon a change-of-ownership and operates the clinic under the
new ownership, the secretary may impose a civil penalty not to
exceed $5,000.

(5) If a physician knowingly operates, owns or manages an
unlicensed pain management clinic that is required to be licensed
pursuant to this article; knowingly prescribes or dispenses or
causes to be prescribed or dispensed, controlled substances in an
unlicensed pain management clinic that is required to be licensed;
or licenses a pain management clinic through misrepresentation or
fraud; procures or attempts to procure a license for a pain
management clinic for any other person by making or causing to be
made any false representation, the secretary may assess a civil
penalty of not more than $20,000. The penalty may be in addition
to or in lieu of any other action that may be taken by the
secretary or any other board, court or entity.

(b) Notwithstanding the existence or pursuit of any other
remedy, the secretary may, in the manner provided by law, maintain
an action in the name of the state for an injunction against any
person, partnership, association, or corporation to restrain or
prevent the establishment, conduct, management or operation of any
pain management clinic or violation of any provisions of this
article or any rule lawfully promulgated thereunder without first
obtaining a license therefor in the manner hereinbefore provided.

(c) In determining whether a penalty is to be imposed and in
fixing the amount of the penalty, the secretary shall consider the
following factors:

(1) The gravity of the violation, including the probability
that death or serious physical or emotional harm to a patient has
resulted, or could have resulted, from the pain management clinic's
actions or the actions of the designated or practicing physician, the severity of the action or potential harm, and the extent to
which the provisions of the applicable laws or rules were violated;

(2) What actions, if any, the owner or designated physician
took to correct the violations;

(3) Whether there were any previous violations at the pain
management clinic; and

(4) The financial benefits that the pain management clinic
derived from committing or continuing to commit the violation.

(d) Upon finding that a physician has violated the provisions
of this article or rules adopted pursuant to this article, the
secretary shall provide notice of the violation to the applicable
licensing board.

Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.